Bath and North East Somerset District Council v Mowlem plc
Bath and North East Somerset District Council v Mowlem plc
- 2004
- Building Law Reports [2004] BLR 153-162(10) .
[2004] EWCA Civ 722, 20 February 2004. Bath (B) had contracted Mowlem (M) to carry out restoration works to its spa buildings. Completion was delayed and paintwork had caused problems. B instructed M to remove the paint, and when M refused, B gave notice to M that it would instruct another firm to do so and charge M. This firm was denied entry to the site by M. B sought an interim injunction aginst M. M argued that the liquidated damages provided what the parties had accepted as an adequate remedy. B asserted they would not be adequately compensated. This was granted. M appealed. "Held": the appeal was dismissed as the granting of an injunction would cause M no disadvantage; the judge's decision to grant the interlocutory injunction was upheld. View judgment at www.nadr.co.uk.
LIQUIDATED DAMAGES
ASCERTAINED DAMAGES
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
INTERLOCUTORY INJUNCTIONS
BATH AND NORTH EAST SOMERSET DC V MOWLEM PLC
[2004] EWCA Civ 722, 20 February 2004. Bath (B) had contracted Mowlem (M) to carry out restoration works to its spa buildings. Completion was delayed and paintwork had caused problems. B instructed M to remove the paint, and when M refused, B gave notice to M that it would instruct another firm to do so and charge M. This firm was denied entry to the site by M. B sought an interim injunction aginst M. M argued that the liquidated damages provided what the parties had accepted as an adequate remedy. B asserted they would not be adequately compensated. This was granted. M appealed. "Held": the appeal was dismissed as the granting of an injunction would cause M no disadvantage; the judge's decision to grant the interlocutory injunction was upheld. View judgment at www.nadr.co.uk.
LIQUIDATED DAMAGES
ASCERTAINED DAMAGES
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
INTERLOCUTORY INJUNCTIONS
BATH AND NORTH EAST SOMERSET DC V MOWLEM PLC